United States · United States Congress · 6 November 1985
Social Security Trust Fund Protection Act of 1985 - Directs the Secretary of the Treasury to issue public debt obligations to the Federal Old-Age and Survivors Insurance Trust Fund, Federal Disability Insurance Trust Fund, Federal Hospital Insurance Trust Fund, Federal Supplementary Medical Insurance Trust Fund, Railroad Retirement Account, Civil Service Retirement and Disability Fund, and Department of Defense Military Retirement Fund for such terms and at such interest rates as will ensure a projected annual interest income to such funds equivalent to the income which would have been earned by those funds from public debt obligations which: (1) were redeemed on or after September 1, 1985, and on or before the date of the enactment of this Act; and (2) would not have been redeemed had the public debt limit been raised pursuant to a specified resolution of the House of Representatives. Directs the Secretary to pay to the funds the interest which would have accrued to the funds but for such non-investments, redemptions, and disinvestments. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance trust fund (OASDI trust funds) to submit an advance report to the Board of Trustees of such trust funds and to each House of the Congress of the effects on the OASDI trust funds of reaching the public debt limit. Authorizes the Managing Trustee to disinvest either trust fund only to the extent necessary to prevent a shortfall in amounts available for benefit payments. Restricts the authority of the Secretary of the Treasury to transfer specified tax revenues to the OASDI trust funds by requiring the Secretary to first determine that the balance in either trust fund would otherwise be insufficient to permit full payment of benefits for any month.
United States · United States Congress · 30 October 1985
Fair Furniture Trade Act of 1985 - Amends the Trade Act of 1974 to authorize the President to enter into a trade agreement with Canada which provides for changes in the Canadian tariff treatment for U.S. furniture products. Requires such agreement to provide for the elimination of: (1) differing tariff levels on furniture trade between the United States and Canada; and (2) any Canadian nontariff barrier to U.S. furniture products. Sets forth factors the President shall consider in negotiating such agreement. Provides for staged increases in the tariff on imports of Canadian furniture until such a trade agreement is implemented. Directs the President to consult with specified congressional and other committees in negotiating such agreement. Directs the President to proclaim the necessary changes in the Tariff Schedules of the United States in order to implement such a trade agreement.
United States · United States Congress · 22 October 1985
Indian Economic Development Act of 1985 - Title I: Designation of Indian Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of Indian enterprise zones by the Secretary of the Interior for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Provides that tribal governments shall nominate areas for such designation. Limits the designation of Indian enterprise zones to 30 nominated areas over a 36-month period (one-third of which must be in areas with a population of less than 1,000). Limits the period during which such designation shall remain in effect. Provides that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the tribal government; (2) the boundary of the area is continuous; (3) the area is determined to be Indian lands by the Secretary; and (4) the area meets specified unemployment and poverty requirements. Requires nominating tribal governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, receiving commitments of private entities to assist employees and residents of the area, or actions for the partial limitation of tribal sovereign immunity for purposes of recourse in contract and other civil disputes within the zone. Terminates the authority of the Secretary to designate such Indian enterprise zones on July 1, 1986, or 36 months after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate Indian enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such Indian enterprise zones' designation. Requires that any tax reduction effected by a tribal commitment under the terms of this Act shall be disregarded for purposes of determining the eligibility of a tribe for Federal assistance or benefits. Specifies that a designation of an Indian enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquired Policies Act of 1970. Exempts Indian enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in Indian enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three-year carryback and a 15-year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account $17,500 in wages per year per employee) plus a specified percentage of wages paid to certain disadvantaged workers for the first seven years of the Indian enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Subtitle B: Credits for Investment in Tangible Property in Indian Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in Indian enterprise zones. Limits such credit to five percent for zone personal property, ten percent for new zone construction property, and 20 percent for zone infrastructure investment. Phases out such credit in the last three years of the enterprise zone designation. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to Indian enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act) and tribal governments and nonprofit enterprises operating within Indian enterprise zones. Authorizes Federal agencies, upon request by a designating tribal government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule changed. Disallows waiver or modification if a rule would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that no waiver or modification of a rule shall remain in effect for a longer period than the period for which the Indian enterprise zone designation is in effect. Title IV: Establishment of Foreign - Trade Zones in Indian Enterprise Zones - Requires the Foreign Trade Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within Indian enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that, to the maximum extent practicable, foreign-trade zones should be established within Indian enterprise zones. Title V: Partial Waiver of Tribal Sovereign Immunity - Authorizes the Secretary to approve plans, pursuant to a tribal economic development plan, which include provisions for the partial waiver of sovereign immunity, including provisions for binding arbitration of contract and other civil disputes between tribal entities and non-tribal businesses or entities. Specifies that such a partial waiver of sovereign immunity shall not encumber nor diminish the trust assets of the tribe.
United States · United States Congress · 22 October 1985
Authorizes the Secretary of Education to provide financial assistance to North Carolina State University in Raleigh, North Carolina, for the endowment of the Sam J. Ervin, Jr., Program in Public Affairs (which is an endowment for a fellowship program, public service research, and a distinguished speaker series). Authorizes appropriations.
United States · United States Congress · 16 October 1985
Depository Institution Examination Improvement Act of 1985 - Redesignates the Financial Institution Examination Council as the Depository Institutions Examination Council. Requires the Council to devise a Federal examiner classification system and, for each of 12 districts approximating the districts of the Federal depository institutions regulatory agencies (regulatory agencies), a regional pay scale in order to provide Federal examiners with compensation and benefits commensurate with private sector accountants and auditors who perform similar functions in such districts. Directs each regulatory agency and each regional bank, branch, or office of such agency to assign and pay examiners accordingly. Directs the Council to prescribe methods of determining travel allowances and pay rates for temporary assignments of examiners. Exempts from Federal laws and regulations applicable to Government employees the officers and employees of the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration. Exempts such entities, the Council, Federal reserve banks, and Federal Home Loan Banks from Federal laws and regulations providing for budget and appropriation review and provides that certain assessments received by such entities shall not be considered Government funds or appropriated money. Subjects such entities and banks to audit by the Comptroller General. Repeals authority of the Secretary of the Treasury over the Comptroller of the Currency and staff. Authorizes each regulatory agency to establish procedures for transferring employees affected by this Act out of the civil service and for providing fair and equitable compensation and reimbursement to such employees for any resulting loss of benefits. Directs the Council to: (1) develop a proposal for consolidating all Federal examiner training programs in one school to be established and conducted by the Council; and (2) report to specified congressional committees on its findings, legislative recommendations, and the savings to the regulatory agencies that would result from such consolidation. Requires the Council to: (1) study the feasibility of establishing a graduate degree program in financial management analysis for officers and employees of the regulatory agencies and the State depository institutions supervisory agencies (State agencies); and (2) report to specified congressional committees on its findings, legislative recommendations, the cost of establishing and conducting the program, and on the approval or disapproval by each regulatory agency of the Council's proposal for such program. Requires the Council to establish minimum requirements for examinations of depository institutions by State agencies in order for such an examination to be acceptable for purposes of Federal law. Directs the Council: (1) at least annually, to request each State agency which examines institutions subject to Federal examination to allow the Council to review its examination methods; (2) to notify a State agency if its examination methods do not satisfy such minimum requirements and allow the agency not more than three years to cure any deficiency; and (3) notify each Federal regulatory agency if a State agency refuses to allow a review of its examination methods or fails to remedy any deficiency in its methods. Prohibits any Federal regulatory agency or any regional bank, branch, or other office of such Federal agency to rely on any report of examination by a State agency for which such a notice has been received to fulfill an examination requirement under Federal law. Requires the Council to establish a State examiner certification program and to evaluate State examiners for certification at the request of a State agency.
United States · United States Congress · 8 October 1985
Trade Partnership Act - Title I: International Trade - Directs the President to establish the Commission on Trade which shall: (1) evaluate existing U.S. trade laws and policies; (2) develop recommendations on monetary and fiscal policies for the United States and its chief trading partners; (3) evaluate the export financing practices of major trading partners and of international agencies; and (4) review existing trade agreements to assess their effect on U.S. long-term trading interests. Requires the Commission to report its findings and recommendations to the President and to the Congress. Expresses the sense of the Congress that the President should evaluate such findings and recommendations and take into account the results of an international monetary conference to determine the propriety of convening a summit conference on international trade in order to develop changes in international trade and monetary practices. Expresses the sense of the Congress that the President should call for an international monetary conference to develop: (1) options for reforming institutional mechanisms in order to decrease the disparity among, and to prevent dramatic fluctuations in the value of, the currencies of the major economic powers; and (2) means for reducing interest rates, promoting national and world economic growth, assuring price stability, and promoting higher levels of international trade. Expresses the sense of the Congress that the President should initiate multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT) in order to: (1) resolve the issues not resolved in earlier negotiations; (2) develop multilateral disciplines in those areas where trade problems have emerged or are becoming more acute; (3) focus on improving the dispute settlement mechanisms of the GATT; (4) place a high priority on bringing developing countries into full participation in the international trading community; (5) ensure that all developed countries share equally the responsibility for advancing the economies of developing countries; and (6) increase efforts to bring countries now outside the GATT under accepted multilateral disciplines governing trade. Directs the President to begin negotiations immediately if Canada requests the negotiation of a trade agreement that provides for the elimination or reduction of any duty imposed by the United States. Directs the U.S. Trade Representative (USTR) to review the bilateral relationships between the United States and its major trading partners in order to determine those countries that offer the most potential for the establishment of free trade areas with the United States. Sets forth factors to be considered in making such review. Authorizes the President, during the year following enactment of this Act, to negotiate with Japan on a trade agreement under which the United States will permit the exportation to Japan of Alaskan petroleum and natural gas in return for substantial concessions by Japan regarding the importation into Japan of agricultural products, wood products, and other kinds of export products that are important to the United States. Amends the Trade Act of 1974 to transfer to the USTR specified functions relating to import relief that are currently performed by the President. Directs the President to review the USTR's determination on whether to provide import relief and what form such relief should take. Requires the President to complete such review within 15 days of receiving the USTR's determination. Directs the President to notify the Congress of the President's decision and of the USTR's determination. Directs the USTR to take action to implement the import relief which the USTR decided to provide if the President concurs in the USTR's decision. Directs the USTR to take action to implement the President's decision on import relief if it differs from the USTR's decision and no joint resolution disapproving the President's decision is enacted. Directs the USTR to order the implementation of the import relief recommended by the International Trade Commission if the decision of the President differs from the decision of the USTR and a joint resolution disapproving the President's decision is enacted. Authorizes interim relief after a petition for import relief is filed if the USTR determines that: (1) it is likely that the article is being imported in such increased quantities as to be a substantial cause of serious injury or threat thereof to the competing domestic industry; and (2) the absence of such interim relief would result in irreparable harm to the domestic industry. Authorizes emergency relief from imports of perishable products (other than perishable products from a beneficiary country under the Caribbean Basin Economic Recovery Act) after a petition for such relief is filed if the USTR, after consultation with the Secretary of Agriculture, decides that: (1) there is a reasonable indication that the perishable product is being imported in such increased quantities as to be a substantial cause of serious injury, or threat thereof, to the competing domestic industry; and (2) emergency action is warranted. Directs the USTR, upon deciding to grant interim relief or emergency relief, to: (1) determine the method and extent of such relief; (2) notify the President of such decision; and (3) unless the President decides within 15 days that such relief is not in the national economic interest, order the Commissioner of Customs to impose such relief. Declares that such relief may consist of tariff increases or import limitations. Provides for the termination of such relief. Directs the USTR to order the Commissioner of Customs to implement actions necessary to enforce U.S. rights under any trade agreement if: (1) the President and the USTR agree on the appropriate action; or (2) the President differs with the USTR on the appropriate action but a joint resolution disapproving such action is not enacted. Reduces the number of days from 21 to 15 between the President's receipt of the USTR's recommendation of appropriate action and the President's decision on what action is appropriate. Requires the President to determine during such 15 day period if: (1) the President concurs in the USTR's recommendation; or (2) it is in the national economic interest not to take any action or to take action different from the action determined by the USTR. Requires the President to notify the Congress of such decision. Provides that if 90 days after the Congress receives notice of such decision no joint resolution is enacted disapproving it then such decision shall take effect. Reduces the amount of time the USTR may take to make a recommendation on a petition for enforcement of U.S. trade rights. Sets forth the actions the USTR may recommend to the President based on such petition. Directs the USTR to include in the annual report to the Congress on foreign barriers to market access an analysis and assessment of the overall reciprocity accorded U.S. products, services, and investment by each of the major trading partners of the United States and the impact on major U.S. product sectors of the failure to provide reciprocity. Requires specified congressional committees, within 90 days of receiving such report, after consultation with the USTR and conducting public hearings, to issue a joint report on: (1) the priorities for negotiations regarding reducing or eliminating trade barriers; and (2) the committees' recommendations on actions to enforce U.S. trade rights. Directs the Secretary of Labor to pay to private firms 80 percent of the cost of providing job training if the training is certified as trade readjustment training and if the trainees are not charged for the training. Extends the job training, job search, and job relocation allowance provisions of the trade adjustment assistance programs through October 1, 1987. Amends the Trade Expansion Act of 1962 to set a one year deadline for the President to take action on the advice of the Secretary of Commerce on imports that are suspected of impairing national security. Amends the Tariff Act of 1930 to reduce the time limit for decisions by the International Trade Commission on allegations of unfair practices in import trade from one year (18 months in more complicated cases) to eight months (ten months in more complicated cases). Declares that the USTR should expedite the issuance of notices requesting the negotiation of periodic adjustments to the bilateral limitations on shipments of textiles and apparel contained in the Multi-Fiber Arrangement. Directs the Commissioner of Customs to: (1) increase the number of inspectors, import specialists, and customs patrol officers in the Customs Service by at least 800; (2) implement the Automated Commercial System at all ports of entry; and (3) implement a program for detecting, investigating, and prosecuting patent and copyright infringement cases. Requires the Commissioner to report quarterly to specified congressional committees on the operation and effect of the patent and copyright infringement program. Imposes a penalty for multiple customs law offenders who import or attempt to import merchandise during the three years following the date of the third of the offenders' convictions. Title II: Protection of Patents and Transfer of Technology - Part A: Protection of Patents - Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a patented process. Places the burden of proof upon the party asserting that a product was not produced with the patented process in an infringement action where the court finds a substantial likelihood that the product was so produced and the claimant has exhausted all means of discovery. Part B: Transfer of Technology - Federal Laboratory Technology Utilization Act of 1985 - Authorizes Federal agencies to permit their laboratories to enter into cooperative research and development arrangements with other Federal, State, and local agencies, universities, industrial organizations, or other persons including licensees of inventions owned by the Federal agency or general partners of research and development limited partnerships. Permits such laboratories to exchange funds, services, and property with collaborators, grant such collaborators patent licenses or assignments, waive Federal ownership of inventions made by a collaborator, and negotiate licensing agreements for federally owned inventions. Sets forth a formula for the distribution of royalties or other income received by such laboratories from the licensing of cooperatively produced inventions to Federal agency employee inventors, the laboratories themselves, and the Treasury. Requires affected Federal agencies to report annually to the appropriate congressional committees on the income from and distribution of royalties. Directs the Secretary of Commerce to provide procedures, training, and advice to Federal laboratories on recognizing the commercial potential of new technologies and inventions. Requires the Secretary to report biannually to the President and the Congress on Federal agency participation in this program. Makes it the policy of the Government to encourage the commercialization of inventions by Federal or former Federal employees made by them during their Federal employment and exempts such efforts from otherwise applicable violations. Permits such an employee to retain title to an invention (subject to retention by the Government of a nonexclusive license) unless the agency intends to file a patent application itself in order to promote commercialization. Sets forth other permissible conditions on such an inventor's title. Part C: Protection of Proprietary Information - Exempts commercial and financial information that is proprietary or sensitive from the sunshine provisions applied to Federal agencies if the proprietor is notified of the request for release of the information and given 60 days to present arguments on why the information should be exempt. Title III: Export Promotion - Amends the Bank Holding Company Act of 1956 to increase, from five percent to ten percent, the percentage of shares that: (1) a bank holding company may hold in an export trading company; and (2) an Edge Act corporation may hold in an export trading company from five to ten percent. Increases the amount of credit that a bank owning stock in a bank holding company with investments in an export trading company may extend to an export trading company. Amends the Export Trading Company Act of 1982 to direct the Board of Directors of the Export-Import Bank to try to insure that a "significant share" (currently a "major share") of any loan guarantees ultimately serves to promote exports from small, medium-size, and minority businesses or agricultural concerns. Requires the Board to report to the Congress on implementation of such requirement within one year of its effective date. Directs the Secretary of the Treasury to develop a program consisting of mixed credit financing for exports to compensate for the effects of subsidized financing by U.S. trading partners. Declares that the Export-Import Bank should expand its promotion programs for small- and medium-sized banks. Amends the Federal Reserve Act to give Edge Act corporations the same discount and borrowing privileges as Federal Reserve banks. Repeals the limitation on bank investments in Edge Act corporations. Directs the Board of Governors of the Federal Reserve System to require periodic reports from every corporation of the total amount of capital stocks and paid up surplus of the corporation, the name of any stockholder who holds more than ten percent of the shares of the stock of such corporation, and the share holdings of such stockholder. Directs the U.S. Executive Director of each of the multilateral development banks to promote procurement opportunities relating to the assistance provided by such banks in recipient countries for U.S. firms. Sets forth actions the Executive Directors should take with respect to such opportunities. Declares that the Secretary of Commerce should continue to assign one foreign commercial service officer to the office of the U.S. Executive Director of the International Bank for Reconstruction and Development. Directs the Secretary of Commerce to assign such an officer on a part-time basis to each of the offices of the U.S. Executive Director of the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank. Requires the U.S. Ambassadors to those countries that are important trading partners of the United States to report annually to the President and to the Congress on their efforts to help U.S. industries in expanding export sales to, and improving their market positions in, such countries. Authorizes the seven Bell operating companies, effective September 1, 1986, to manufacture telecommunications equipment and customer premises equipment in the United States if specified conditions are met. Title IV: Foreign Corrupt Practices - Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to the Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Title V: Related Tax Provisions - High Technology Research and Scientific Education Act of 1985 - Part A: The Credit for Increasing Research Activities - Amends the Internal Revenue Code to make permanent the tax credit for research and development (R&D) expenditures. Modifies the definition of qualified research for purposes of the R&D credit to narrow the category of eligible activities for which the credit is allowable. Provides that in-house and contract research expenses paid or incurred by a regular corporation (not an S corporation, a personal holding company, or a service corporation) will constitute qualified research expenses for R&D credit purposes if the corporation undertakes the research with the intention to use the result thereof in the active conduct of a present or future trade or business. Provides that in the case of research being conducted in partnership form, research expenses will constitute qualified research expenses if they are incurred by the partnership in carrying on a trade or business as applied at the partnership level, and the credit is apportioned among the partners in accordance with general partnership rules. Provides exceptions to this general rule where: (1) there is a joint venture enterprise of regular corporations; or (2) not all of the members of the joint venture are regular corporations, but each member's own trade or business would satisfy the trade or business test with respect to the partnership's research expenditures. Provides that for these two exceptions the research expenses will flow through to the partners, with the trade or business test being applied at the partner level. Part B: Promotion of University Research and Scientific Investigation - Establishes a new income tax credit equal to 20 percent of that portion of a corporation's payments to universities (and other qualified non-profit tax-exempt organizations for basic research) which exceeds a fixed, historical "minimum university basic research" floor. Defines the "minimum university basic research" floor as one percent of the annual average of the corporate taxpayer's combined qualified in-house research expenses, contract research expenses, and university basic research payments for the base period composed of the period from 1981 through 1983. Provides that the amounts of research expenses which fall below the floor shall remain eligible for the present R&D credit and are included in the corporation's base period for purposes of calculating the present R&D credit. Treats the amounts which exceed the "minimum university basic research" floor as ineligible for the present R&D credit and excludes such amounts from the corporate taxpayer's base year research expenses for purposes of calculating the corporation's R&D credit under present law. Provides that a corporation's payments to universities for basic research that is eligible for the new tax credit shall be reduced to the extent that the corporation's general (i.e., not designated for research purposes) charitable giving to all universities falls below historical levels (the annual average of undesignated payments for three of the immediately preceding four years as selected by the taxpayer). Makes additions to the list of organizations to which corporate payments for basic research may be made and be eligible for the tax credit. Allows a corporation an income tax deduction for contributions of scientific or technical property to an institution of higher education. Defines scientific property to mean tangible personal property (including computer software) used in a trade or business, which is donated for the direct education of students or faculty, for research and experimentation, or for research training in the United States in mathematics, the physical, biological, or chemical sciences, engineering, or advanced computer sciences. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Provides that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
United States · United States Congress · 7 October 1985
Fair Export Financing Act of 1985 - Amends the Trade and Development Enhancement Act of 1983 to declare that one of the purposes of such Act is to establish a temporary tied aid credit program to combat the predatory concessional credit programs of foreign governments. Directs the President to negotiate limits on partially untied aid credit. Changes the U.S. negotiating objectives to include references to partially untied aid credits. Directs the Secretary of the Treasury to establish within the Department of the Treasury a program of tied aid credits for U.S. exports. Requires the program to be carried out in cooperation with the Export-Import Bank or with private financial institutions or entities. (Currently the program is established within the Export-Import Bank and carried out in cooperation with the Agency for International Development (AID).) Sets forth financing methods that may be included in such program. Authorizes appropriations. Repeals the provision that established a tied aid credit program in AID. Requires the Secretary to seek the advice of the National Advisory Council on International Monetary and Financial Policies before approving financing under the tied aid credit program. Terminates the tied aid credit program on September 30, 1987. Limits judicial review of actions by the Chairman of the Export-Import Bank and by the Secretary. Changes the definition of "tied aid credit." Defines "partially untied aid credit." Deletes references to government-mixed credits and public-private cofinancing.
United States · United States Congress · 7 October 1985
Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Congressional Budget Act of 1974 to eliminate the second concurrent resolution on the budget and thus provide for annual adoption of a single concurrent resolution on the budget (budget resolution). Sets forth maximum Federal budget deficit amounts for each of fiscal years 1986 through 1991 providing for the incremental reduction of the deficit to zero by 1991. Requires Old Age, Survivors and Disability Insurance (OASDI) revenues and expenditures to be included in the calculation of such deficit amounts. Prohibits either House of Congress from considering or adopting a budget resolution or a revision thereof providing for budget outlays exceeding revenues by more than the prescribed maximum deficit amount. Requires the Congress to complete action on any reconciliation bill or resolution to: (1) an original budget resolution by June 15 of each year; or (2) a revised budget resolution within 30 days after the revision is adopted. Provides that no amendment that would increase specific budget outlays or reduce specific revenues set forth in a budget resolution or reconciliation bill shall be in order in the House or the Senate, unless such amendment provides for offsetting adjustments in other outlays and revenues to ensure that the deficit set forth in the budget resolution is not increased or exceeded. Requires each Senate and House committee to report its subdivisions of allocated budget outlays and new budget authority within ten days of session after the budget resolution is agreed to. Makes it out of order for the House or the Senate, after the Congress has completed action on the budget resolution for a fiscal year, to consider legislation that, if enacted, would: (1) provide for or require budget outlays or new budget authority in excess of the appropriate committee allocation reported in connection with such resolution, unless legislation is favorably reported by the Committee on Appropriations of the House involved with a certification that the appropriate committee will take actions necessary to assure that enactment of such legislation will not result in a deficit exceeding the maximum deficit amount applicable; or (2) provide for new budget authority or spending authority or reduce revenues so that the resulting deficit would exceed the level set forth in such budget resolution or the applicable maximum deficit amount. Permits a congressional committee to report alterations to its reported allocations of budget outlays and authority, provided that such alterations are consistent with any actions taken by its House on legislation within its jurisdiction. Requires the conference report on any legislation providing new budget authority or new or increased tax expenditures to disclose the information required to be disclosed in committee reports on such legislation. Requires the Federal budget transmitted to the Congress by the President each year, and revisions thereof, to set forth levels of outlays and revenues resulting in a deficit not in excess of the applicable maximum deficit amount. Requires the Director of the Office of Management and Budget and the Director of the Congressional Budget Office: (1) to estimate the levels of total revenues and budget levels for each fiscal year; (2) to estimate the rate of real economic growth during that year; (3) to determine whether the deficit for such year will exceed the applicable maximum deficit amount and whether such excess is statistically significant; and (4) to submit a report to the President and the Congress specifying the amount of any excess, whether it is statistically significant, the estimated rate of real economic growth for that year, and the percentages by which automatic spending increases (excluding increases in OASDI benefits) and relatively controllable expenditures shall be reduced during such year in order to eliminate such excess. Requires the President, upon receiving such a report which identifies a statistically significant excesss, to issue an order which eliminates one-half of such excess by suspending or uniformly reducing (not below zero) automatic spending increases under Federal law for such year, and which eliminates the other half by sequestering amounts of budget authority, obligation limitations, and loan limitations, and by adjusting Federal payments, to the extent necessary to reduce each relatively controllable expenditure by a uniform percentage. Directs the President to send a message to both Houses of Congress identifying: (1) the total amount and the percentage by which automatic spending increases are to be reduced; (2) the amount of budget authority, obligation limitations, and loan limitations to be sequestered and payments to be adjusted for all, and each, relatively controllable expenditure; and (3) the account, department, establishment, project, or function affected by such revision of expenditures. Prohibits such an order from eliminating any Federal program, project, or activity. Directs the President to issue such order: (1) within 14 days after receiving such report if the estimate for real economic growth for the fiscal year is zero or greater; or (2) within 30 days if the estimate for real economic growth is less than zero. Authorizes the President, during such 30-day period, to submit to the Congress a joint resolution to: (1) reduce the deficit to an amount not exceeding the applicable maximum deficit amount; or (2) suspend the requirements of this Act for such fiscal year. Permits the President's message to the Congress to include alternative ways to reduce the deficit to an amount not exceeding the maximum deficit amount. Permits the Committee on the Budget of the House or the Senate, within ten days after the President has issued such an order, to report a joint resolution superseding such order. Makes it out of order for the House or the Senate to consider or agree to any such resolution which, if enacted, would cause the fiscal year deficit to exceed the deficit set forth in the budget resolution most recently agreed to, or the applicable maximum deficit amount. Sets forth House and Senate procedures for consideration of such a resolution. Amends the Social Security Act to provide that OASDI revenues and expenditures shall be excluded from the Federal budget transmitted by the President to the Congress and from the congressional budget, and shall be exempt from general budget limitations imposed on Federal expenditures and net lending. Prohibits any law enacted after enactment of this Act from providing for payments between the Treasury and the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund. Changes the date by which the President must submit to the Congress a supplemental summary of the budget for a fiscal year from July 16 to September 16. Waives specified provisions of this Act in any fiscal year for which a declaration of war has been enacted.
United States · United States Congress · 1 October 1985
Social Security Budget and Administrative Reorganization Act of 1985 - Title I: Establishment of the Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish as an independent executive agency a Social Security Administration, headed by a Social Security Board. Provides that it shall be the duty of the Administration to administer the programs established by titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Requires the Board to study and make recommendations as to the most effective methods of providing economic security through social insurance and as to legislation and matters of administrative policy. Establishes in the Administration: (1) a Commissioner of Social Security; (2) a Deputy Commissioner of Social Security; (3) a General Counsel; (4) an Inspector General; and (5) an Office of the Beneficiary Ombudsman, to be headed by a Beneficiary Ombudsman who shall represent the interests of beneficiaries under the Old Age, Survivors and Disability Insurance program and the Supplemental Security Income Program within the Administration. Requires the annual report of the Board to include a description of the activities of the Beneficiary Ombudsman. Requires the Board to make annual budgetary recommendations relating to the Administration. Requires that appropriations requests by the Administration for staffing and personnel be based upon a comprehensive workforce plan as established by the Board. Provides for the apportionment of administrative costs. Requires the annual report of the Board to include a section reflecting the use of budget authority provided to the Administration. Requires that authority for automated data processing procurement and facilities construction be provided in the form of contract authority covering the total cost of such acquisitions. Makes amounts needed for the liquidation of contract authority so provided available from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the extent that such amounts are not needed to meet current obligations for benefit payments. Requires the Board and the Director of the Office of Personnel Management to implement demonstration projects relating to personnel matters. Directs the Board and the Administrator of General Services to implement such projects relating to delegations from the Administrator. Specifies the authorities which are to be delegated to the Board from the Administrator and the Director. Requires the Comptroller General to report to specified congressional committees concerning such projects, including an evaluation of the Board's readiness to assume full and permanent authority. Requires the Board to cause a seal of office to be made and judicial notice taken thereof. Provides for the transfer to the Administration of all functions carried out by the Secretary of Health and Human Services with respect to the programs and activities to be carried out by the Administration under this Act. Abolishes the position of Commissioner of Social Security in the Department of Health and Human Services. Sets forth effective date and transitional rule provisions. Title II: Conforming Amendments and Rules of Construction - Requires the Secretary and the Board to report to Congress within 120 days after the beginning of each regular session on their administration under this Act. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for the programs which he or she administers. Directs the Board to appoint, quadrennially, an Advisory Council on the Old-Age, Survivors, and Disability Insurance program and an Advisory Council on Health and Supplementary Medical Insurance to review the relation of the trust funds supporting the Old-Age, Survivors and Disability Insurance program and the Medicare program and the long-term commitments of those programs. Requires each council to submit a report to the Board for transmittal to the Congress and the Board of Trustees of each Trust Fund. Sets forth the effective dates of this title. Title III: Budgetary Treatment of Old-Age, Survivors, and Disability Insurance Program - Provides for off-budget treatment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund beginning with FY 1987.
United States · United States Congress · 23 September 1985
Bicentennial of the Constitution Coins and Medals Act - Title I: Bicentennial of the United States Constitution Commemorative Coins - Directs the Secretary of the Treasury to issue a specified number of five dollar gold coins and one dollar silver coins emblematic of the Bicentennial of the U.S. Constitution. Sets forth certain features of such coins and provides for their sale and issuance. Terminates the minting of such coins after December 31, 1987. Requires the Secretary to deposit in the Treasury all surcharges received from sale of such coins, to be used to reduce the national debt. Title II: Bicentennial of the United States Constitution Commemorative Medals - Directs the Secretary to strike and deliver to the Commission on the Bicentennial of the United States Constitution a specified number of gold, silver, and bronze medals commemorating the Bicentennial. Authorizes the Commission to dispose of such medals at a premium. Terminates the striking of such medals after December 31, 1987.
United States · United States Congress · 27 June 1985
Recognizes the efforts of the members of the Airborne Divisions of the U.S. Army who served during World War II. Urges the Postmaster General to issue commemorative stamps honoring those Divisions, and to determine the appropriate denomination, design, and period of issuance of the stamps.
United States · United States Congress · 26 June 1985
Amends the Tariff Act of 1930 to require that tariffs levied on the imports of textile machinery shall be allocated to a Textile Machinery Modernization Fund to finance research projects for the modernization of the U.S. textile machinery industry.
United States · United States Congress · 21 June 1985
Supports U.S. policy which rejects capitulating to international terrorist demands. Expresses the House of Representatives' hope for the safe return of all U.S. hostages (in Lebanon), just compensation for their suffering, and just punishment and retribution for the crimes and atrocities committed by the terrorists.
United States · United States Congress · 22 May 1985
Authorizes the President, on behalf of the Congress, to present gold medals to Jan Scruggs, Robert Doubek, and Jack Wheeler, in recognition of their tireless efforts to give the Vietnam Veterans Memorial to the Nation. Directs the Secretary of the Treasury to sell bronze duplicates of the medal. Authorizes appropriations.
United States · United States Congress · 20 May 1985
Amends the Internal Revenue Code to provide that the amount of any contributions to any No Net Cost Tobacco Fund or any No Net Cost Tobacco Account shall be treated as a deductible expense which is not chargeable to a capital account. Provides that amounts subsequently received by the taxpayer in connection with no cost tobacco expenditures shall be included in the gross income of the taxpayer for the taxable year in which such amount is received. Provides that no amounts received by a No Net Cost Tobacco Fund or a No Net Cost Tobacco Account as either no net cost tobacco expenditures or interest or investment income on the balance in the Fund or Account shall be treated as income to the organization administering such Fund or Account.
United States · United States Congress · 16 May 1985
Expresses the sense of the Congress that U.S. national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such policy.
United States · United States Congress · 8 May 1985
Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop a system to provide that: (1) funds deposited by checks drawn on a local depository institution shall be available for withdrawal the next business day following the day of deposit; and (2) for all other checks, not more than three business days shall pass between the day of deposit and the day on which the funds become available. Requires such system to be implemented no later than five years after the date of enactment of this Act. Requires the Board, not later than six months after the date of enactment of this Act and annually thereafter until such goal is achieved, to report to the Congress concerning the actions it has taken. Sets forth time standards for expedited check clearing in any case in which funds are deposited by check in an account at a depository institution. Requires cash deposits to be available on the next business day. Makes exceptions to such standards with respect to: (1) checks drawn on a depository institution or an office of a depository institution located outside of the United States; (2) deposits of checks aggregating more than $5,000 in any account on any business day, excluding cashier's and certified checks beginning two years after enactment of this Act; (3) deposits made by new depositors within the first 30 days after opening an account, excluding cashier's and certified checks beginning two years after enactment of this Act; (4) any account that is overdrawn three times in six months; and (5) emergencies beyond the control of the depository institution. Permits a State to require, or a depository institution to provide for, shorter time periods for deposit availability. Requires interest to accrue on funds deposited in interest-bearing accounts beginning on the business day of deposit. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with it in the exercise of its functions under this Act. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this title.
United States · United States Congress · 8 May 1985
Authorizes the Society of the Third Infantry Division to erect a memorial on public grounds in the District of Columbia or its environs in honor of the men of the "Rock of the Marne" of the Third Infantry Division who served in both World Wars, Korea, and maintaining peace. Authorizes the Secretary of the Interior to select a site for the memorial subject to the approval of the National Commission of Fine Arts, the National Capital Planning Commission, and, under certain circumstances, the Mayor of the District of Columbia. Subjects the design and plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Directs that the maintenance and care of the memorial shall be the Secretary's responsibility unless the memorial is on public grounds under the jurisdiction of the District of Columbia in which case such duties fall on the District of Columbia. Provides that funds of the United States or the District of Columbia may not be used to erect the memorial. Directs that the authority to establish the memorial is contingent upon its erection beginning within five years with funds sufficient to ensure its completion.
United States · United States Congress · 8 May 1985
Amends the Nuclear Waste Policy Act of 1982 to remove the limitation on the quantity of radioactive waste that may be emplaced in the first repository for the disposal of high-level radioactive waste and spent nuclear fuel.
United States · United States Congress · 29 April 1985
Designates the week beginning on April 13, 1986, as National Garden Week. Urges the wearing of garden flowers during that week as a symbol of appreciation for the contributions of the Nation's gardeners.
United States · United States Congress · 24 April 1985
Establishes in the legislative branch of the Government the Perot Commission on Americans Missing in Southeast Asia to conduct an investigation and report to the Congress its findings with respect to the existence and the release of prisoners of war in Southeast Asia. Sets forth specified administrative procedures and powers of the Commission. Requires the Commission to terminate 30 days after the filing of its report to the Congress or on January 3, 1987, whichever occurs first.
United States · United States Congress · 18 April 1985
States that the Congress condemns: (1) Nicaraguan actions that hinder freedom of religion; and (2) the association of the Nicaraguan Government with international terrorist organizations, including the Palestine Liberation Organization. Calls upon the President, in communications with Nicaragua, to raise the issues of religious persecution of and compensation for members of the Jewish, Miskito, and other communities who have been forced to leave because of interference with freedom of religion.
United States · United States Congress · 16 April 1985
States that no legislation should be considered by the House of Representatives with respect to FY 1985 through 1987 which: (1) would result in determining a cost-of-living increase under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act on any basis other than the Consumer Price Index; (2) would delay the effective date for such increase; or (3) would eliminate or limit such increase.
United States · United States Congress · 15 April 1985
Employment Opportunities for Disabled Americans Act - Title I: SSI Work Incentive Provisions - Makes permanent provisions which provide benefits under title XVI (Supplemental Security Income) of the Social Security Act for individuals who perform substantial gainful activity despite a severe medical impairment. Revises the eligibility requirements for such benefits. Directs the Secretary of Health and Human Services to establish and implement procedures which provide that whenever an individual is formally notified of his or her SSI eligibility, such individual will also be notified of the availability of assistance under title XIX (Medicaid) of such Act. Directs the Secretary, when any individual receives SSI benefits on the basis of a disability, to notify such individual of his or her potential eligibility for the SSI benefits available for those performing substantial gainful activity despite a severe medical impairment. Directs the Comptroller General to conduct a study of the operation of the SSI section which provides benefits for individuals who perform substantial gainful activity despite a severe medical impairment, with the particular objective of evaluating the work incentive provisions of such section. Requires the Comptroller General to report to the Congress the findings of such study. Title II: Disabled Workers Demonstration Program - Amends the Rehabilitation Act to direct the Secretary of Education to establish grant programs to: (1) assist employers to plan, implement, operate, expand, and evaluate retention and reemployment demonstration programs for disabled workers; (2) assist employers to develop plans for the initiation or substantial expansion of a comprehensive retention and reemployment program for disabled workers; (3) assist employers to implement or substantially expand a comprehensive retention and reemployment program for disabled workers; and (4) assist employers in evaluating the effectiveness of any retention and reemployment program for disabled workers. Requires any employer requesting a grant to apply to the Secretary in such form, and at such times, as the Secretary may request. Authorizes appropriations for FY 1986 through 1992. Title III: Employment Opportunities Demonstration Program for SSI and Disability Insurance Recipients - Directs to Secretary to establish a grant program to assist the States in establishing and operating demonstration programs to promote, identify, secure, and evaluate employment opportunities for individuals receiving SSI on the basis of blindness or disability, and individuals receiving disability insurance benefits or child's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Requires any State requesting a grant to apply to the Secretary in such form, and at such times, as the Secretary may require. Authorizes appropriations for FY 1986 through 1992.
United States · United States Congress · 3 April 1985
Narcotics Importation, Manufacture, and Control Act - Amends the Controlled Substances Import and Export Act to increase the criminal penalties for: (1) importing or exporting controlled substances; (2) bringing or possessing on board a vessel, aircraft, or vehicle a controlled substance; and (3) manufacturing or distributing a controlled substance. Prohibits granting a suspended or probationary sentence for persons convicted of such offenses. Denies such persons eligibility for parole. Permits imposing criminal penalties for attempts or conspiracies to commit such offenses. Requires such penalties to be imposed in the same manner and to the same extent as is prescribed for actually committing the offenses involved. Prohibits granting a suspended or probationary sentence for persons convicted of such attempts or conspiracies and denies such persons eligibility for parole if such sentences and parole are precluded for actually committing the offenses involved. Requires that any person who manufactures a controlled substance shall be imprisoned for the entire maximum term of imprisonment for such violation. Prohibits granting a suspended or probationary sentence and denies such persons eligibility for parole.
United States · United States Congress · 28 March 1985
Youth Employment Opportunity Wage Act of 1985 - Amends the Fair Labor Standards Act of 1938 to authorize employers to pay employees under 20 years of age 75 percent of the minimum wage rate between May and September of each year. Exempts such employees from special certificate requirements. Restricts such authorization to: (1) hours worked by eligible employees in compliance with applicable child labor laws; and (2) youth employed after May 1 of each year. Prohibits the removal of employees ineligible for the subminimum wage rate in order to replace them with employees who are eligible. Makes technical and conforming amendments to the Job Training Partnership Act. Directs the Secretary of Labor to monitor the implementation of this Act and to report to the Congress concerning the employment effects of this Act. Terminates such minimum wage rate exception after September 30, 1987, and repeals, as of that date, the amendments made by this Act.
United States · United States Congress · 19 March 1985
Textile and Apparel Trade Enforcement Act of 1985 - Limits the total quantity of 1985 imports of textiles and textile products from a major exporting country to the lesser of an amount equal to 101 percent: (1) of the total quantity of textile products imported from such country if the total had increased by six percent annually (one percent annually for wool products) during 1981 through 1984; or (2) if the United States has an agreement with such country providing for an annual growth rate of less than six percent, of the total quantity of such products from such country imported during 1984. Limits the total quantity of 1985 imports of textiles and textile products from an exporting country to an amount equal to the total quantity of such products imported from such country during 1984 plus: (1) 15 percent of such quantity in the case of a category that is not an import sensitive category; or (2) one percent in the case of an import sensitive category. Provides for changing the classification of a country, except for a Caribbean country, from an exporting country to a major exporting country if the total textile imports from such country equals or exceeds one and one-quarter percent of all textiles imported into the United States. Sets forth a formula for adjusting the growth of textile imports annually. Sets forth certain minimum quantities of textile imports that all countries shall be allowed to export to the United States. Requires the Secretary of Commerce to enforce this Act. Directs the Secretary, within six months of enactment of this Act, to establish an import licensing system under which an importer of textiles will be required to present an import permit as a condition of entry of such textiles. Directs the President to report to the Congress annually on the administration of this Act.
![Official portrait of Rep. McMillan, J. Alex [R-NC-9]](https://www.congress.gov/img/member/m000566_200.jpg)